Garzione v. Vassar Bros. Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEager, J.
The defendant hospital appeals from a judgment entered against it upon a verdict of a jury for $150,000 rendered in an action brought to recover for the amputation, without plaintiff’s consent, of her right leg below the knee. As a matter of law, however, the record fails to support a recovery against the hospital for other than nominal damages.
Serious injuries to plaintiff’s leg, occasioned in an automobile accident, and the conditions resulting therefrom, for which the hospital was in no way responsible, rendered an amputation necessary as a matter of good medical practice. As a result of…
2Cases cited1 opinion
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
3Cited by4 opinions
- Eichner v. DillonNew York Court of Appeals · 1981
- Horton v. Niagara Falls Memorial CenterAppellate Division of the Supreme Court of the State of New York · 1976
- Ulma v. Yonkers General HospitalAppellate Division of the Supreme Court of the State of New York · 1976
- Irizarry v. St. Barnabas HospitalAppellate Division of the Supreme Court of the State of New York · 2016